SELECTMEN’S MEETING

DECEMBER 16, 2002

 

Chairman Perkins called the meeting to order at 7:00 PM.

Selectman Rogers, Selectman Wiksten, Selectman Eayrs, and Selectwoman Brunelle were present.

 

SELECTMEN’S MINUTES

Upon motion by Selectman Eayrs and seconded by Selectman Wiksten, the Board

VOTED: To approve the Minutes of December 9, 2002.

Unanimous Vote.

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To approve the Executive Minutes of December 9, 2002.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing (cont.) – Request for W.R.P.D. Special Permit – R&W Associates – Cushman Street

Chairman Perkins explained that this was a continued hearing regarding a W.R.P.D. Special Permit for the proposed "Pine Ridge Condominiums".

Kevin Walker, Outback Engineering, was present to represent the applicant.

Revised plans were submitted to the Board. Mr. Walker explained that the concerns of the various departments have been addressed as follows:

Health Department

  1. Groundwater mounding calculations have been provided to the Health Department. The separation between the bottom of the leaching area and the groundwater elevation, including mounding, is greater than the required 4’ separation. Therefore, no adverse affects due to mounding will occur.
  2. Mounding for the roof drains was considered as well. The proximity of the roof drain infiltration systems to the proposed structures and abutters dwellings will result in no adverse affects to either properties.
  3. The design as presented results in a loading rate of 340 gpd per 40,000 sf, approximately 75% of what is allowed.
  4. Parking lot drainage is directed to stay within the paved confines of the driveway and parking areas before being directed to the detention basins. As such, no pervious low areas are present and no adverse affects will occur.
  5. No Comment.
  6. The applicant agrees to install monitoring wells on the site. The number of monitoring wells and the locations of them will be coordinated with the Water Department. An initial sampling will take place prior to construction as a baseline with the first post-development sample being taken six months after the septic system is put in operation. Monitoring will take place at six month intervals for a period of three years.
  7. All engineering for the project has been completed and the design meets the criteria set forth in the Department of Environmental Protection’s Stormwater Management Guidelines. No increases in flow rate will occur to off-site locations and no flooding impacts will occur. Groundwater mounding was addressed in items #1 and #2.

Building Department

In a letter dated October 3, 2002 the Building Commissioner, William Gedraitis, indicated that the design is consistent with the W.R.P.D. Zone 2 requirements and qualifies for Special Permit Consideration.

Planning Board

  1. In a letter dated November 1, 2002 the Planning Board indicated that the plan conforms with the W.R.P.D. by-law.
  2. At the request of the Zoning Board and for the purpose of aesthetics, the buildings have been sited far off of Cushman Street to retain a rural entrance to the site. In addition, the area of the land closest to Cushman Street is completely in Zone 2. The goal of the design was to reduce Zone 2 disturbance.

October 10, 2002 Letter

  1. All zone lines are now shown.
  2. The property line along Proprietor’s Way has been revised to show the edge of the Proprietor’s Way parcel. The resulting lot area for the site is approximately 16.40 acres. The allowable number of units in the General Use Zoning District is 23.8 units. The plan has been revised to propose 20 units, three less than the allowable number. It has been approved, in concept, by the ZBA.
  3. The layout of Cushman Street as shown is correct. The right of way flares out easterly beyond the point shown on the plan.

Selectman Eayrs asked if there was anything to indicate that the Health Officer had signed off. The Board’s Secretary explained that she had spoken to Ms. Spalding, who told her that monitoring should be a condition.

Selectman Eayrs asked Mr. Healey if the Health Officer was satisfied with the revisions. Mr. Healey said he could not answer for Ms. Spalding, but that he was satisfied as the Health Agent.

Selectman Wiksten said he would like something in writing from the Health Officer saying she is satisfied with all the potential problems being addressed.

Selectman Wiksten asked the Board if a bond should be required for the monitoring. He asked what would happen if they were found to be contaminated.

Mr. Healey said the monitoring would be done on the site to demonstrate that there is no movement of contaminants to our Well, which is some distance away.

Selectman Rogers asked if Ms. Spalding has specified what we were monitoring for. Mr. Walker said that Dick Tinkham is in charge of monitoring the Town Wells.

Selectman Rogers asked what would happen if the monitoring wells indicated migration. He asked if there should be a condition on the Agreement for treatment.

Mr. Healey said the intent is that there would be no migration of contaminants off the site.

Mr. Walker told the Board that the monitoring wells are being done at the request of the Board of Selectmen and Health Department. He said the project meets the bylaw requirement for septic systems and placement in part of Zone 2. He said the monitoring is being done to appease the fears that have occurred. Otherwise, the layout complies with the W.R.P.D. Bylaw and D.E.P. Regulations.

Selectman Eayrs said the Health Officer seems to be satisfied with the request. He asked what additional hearings will be held before the Z.B.A.

Mr. Walker said a hearing regarding the adjustment of the property line. The Planning Board is all set. They did not have to appear before them.

Selectman Eayrs suggested getting another letter from Ms. Spalding. He said the major concern is of the two (2) wells.

Jane Lopes asked what the distance was to the wells. Chairman Perkins said it involved the Tispaquin and Miller Street wells, which are about ¼ mile away.

Hearing no further discussion, Chairman Perkins closed the hearing.

Motion was made by Selectwoman Brunelle and seconded by Selectman Eayrs to approve the Permit subject to final approval of the Health Officer. After further discussion, the motion was withdrawn. The Health Officer will be requested to provide her comments to the Board, in writing, and to attend the next meeting.

The Board suggested additional wording to address the situation if something showed up in the monitoring wells.

Mr. Walker said he would be agreeable, as long as compliance with the current D.E.P. and W.R.P.D. Bylaw was acknowledged.

Upon motion by Selectwoman Brunelle and seconded by Selectman Wiksten, the Board

VOTED: To continue the results of the hearing, and a final determination, to the first meeting in January 2003.

Unanimous Vote.

Hearing – Request for ‘Change of Manager’ – Papa Gino’s

The Board received an application from Papa Gino’s for a ‘Change of Manager’ from Joann Giordano to Bruce Oliver.

The Board received correspondence from the Police Chief indicating that there are items in Mr. Oliver’s criminal history record that would disqualify him for being issued a liquor license.

The Board asked Mr. Oliver to fill out a form at the Police Station to get C.O.R.I. information from the State of Massachusetts and then submit to the Board so a decision can be made.

NEW BUSINESS

Request to Rent Town Hall Auditorium – M.H.S. Class of 2004

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To approve the request made by the M.H.S. Class of 2004 to rent the Town Hall Auditorium on May 17, 2003 for the Middleboro High School Class of 2004’s Junior Prom from 9:oo AM to 12:00 Midnight.

Unanimous Vote.

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To waive the fee for the rental.

Unanimous Vote.

Request to Approve Street Name – ‘Dons Way’ – E911 Database Coordinator

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To approve the street name ‘Dons Way’ for a cul de sac to be located off of Plymouth Street.

Unanimous Vote.

Request to Review Plympton/Thompson Street Intersection – Police Chief

The Board received correspondence from the Police Chief regarding plans for the Leonard Estates sub-division. He is in agreement with Donald Boucher’s recommendations as to changes at the Thompson Street and Plympton Street intersection.

Mr. Healey explained that some residents in the area had asked for this intersection to be looked at for safety. The Safety Officer, Police Chief and Highway Superintendent concur and recommend changes.

The Board instructed Mr. Healey to meet with the Town Planner and developer of Leonard Estates regarding the requested changes.

Selectwoman Brunelle also asked Mr. Healey to consult with Mass Highway.

Chairman Perkins explained that the changes involve signage.

Upon motion by Selectwoman Brunelle and seconded by Selectman Wiksten, the Board

VOTED: To authorize the Town Manager to bring back additional information regarding this request.

Unanimous Vote.

Jane Lopes asked who would be responsible for the cost of the changes. Chairman Perkins said he was not sure, and this would also have to be addressed.

Request to Approve 2003 Class II Licenses

Mr. Healey gave the Board a copy of his Class II License Inspection Report. He suggested additional conditions be required on the following license, requiring the marking on the ground of the licensed spaces and require the licensee to limit vehicles on the lot for sale to those spaces:

Sports Unlimited

Exit 3 Truck Stop

Tom’s Auto

Gratuity Motors

Mr. Healey further asked that the license for Austin Zipp d/b/a Kasara Auto Sales not be renewed.

Discussion ensued on the request for additional conditions. The Board was concerned as at least one of the businesses does not have a blacktop lot. Mr. Healey said none of them do, and this is a requirement of the license.

Mr. Healey suggested giving 30 days to come into compliance with the number of cars they’re limited to, and to authorize him to mark the spaces.

Selectman Wiksten said this is an ongoing problem, and he said he was in favor of not issuing the license until they are in compliance. He noted that many of the problems are ongoing.

In his report, Mr. Healey also indicated other Class II Licensees that remain non-compliant.

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To approve the following Class II Licenses for 2003:

Auto Discounters – 161 Wareham Street

Bud’s Trailer Repair – 14 Cushman Street & 432 Wareham Street

Richard Converse d/b/a Patrick Motors – 125 East Grove Street

Lorraine Jeanne DaCosta , L.D. Auto Sales – 254 Wood Street

Modern Auto & Towing – 195 East Grove Street

Freiday’s Auto Sales, Inc. – 132 South Main Street

J & S Automotive (Runwell, Inc.) – 51 East Main Street

Josef’s Auto Sales, Inc. – 428 Wareham Street

Kelly’s Tire Mart, Inc. – 523 West Grove Street

Lenny’s Auto Body, Inc. – 540 Wareham Street

Metropolitan Waste Equipment Co., Inc. – 22 Cambridge Street

Route 28 Auto Works – 465 Wareham Street

Sachem Motors – 119 East Grove Street

Southeast Motors, Inc. – 603 Wareham Street

Henry Tinkham & Sons, Inc. – 103 Everett Street

Robert Ventura d/b/a Ventura Motors – 307 Wood Street

Yankee Auto Sales – 85 Everett Street

It was further moved not to approve the following Class II Licenses for renewal:

A.M.S. Automotive Center Inc., d/b/a Exit 3 Truck Center – 448 Wareham Street

Nancy Tammaro d/b/a Gratuity Motors – 299 West Grove Street

Colin Costa d/b/a Hide-A-Way Motors – 27 Chestnut Street

Austin Zipp d/b/a Kasara Auto Sales – 562 Wareham Street

Norm’s Repair, Inc. – 258 Old Center Street

Robert Weaver d/b/a Sport’s LTD – 539 Wareham Street

Peter Geilear d/b/a Tom Auto – 232 West Grove Street

Unanimous Vote

Request to Approve Septic Betterment Agreement – Nielsen – 190 Wood Street

Upon motion by Selectman Eayrs and seconded by Selectman Wiksten, the Board

VOTED: To approve the Septic Betterment Agreement for Anita Nielsen, 190 Wood Street, in the amount of $8,800.00.

Unanimous Vote.

 

OLD BUSINESS

Request to Discontinue and Abandon a Portion of Old Thompson Street – Paul W. McAuliffe, Esq.

The Board had previously received a request from Attorney Paul McAuliffe to Discontinue and Abandon a Portion of Old Thompson Street. The Board has received further correspondence from the Town Planner regarding the request.

Ms. Geoffroy explained that the request is necessary for a 21 lot subdivision off of Old Thompson and Thompson Streets in East Middleborough.

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To petition the County Commissioners to discontinue and abandon a portion of Old Thompson Street, as detailed in a letter to the Board from Paul McAuliffe, Esq. dated November 21, 2002.

Unanimous Vote.

TOWN MANAGER’S REPORT

Discussion ensued. The Board asked why the Meeting would be necessary in February.

Mr. Healey said there are several Articles including: Non-Union increases, Washburn property articles, several TIFs, Water Dept. Fines, Supplement for the Police Station clean-up, and others.

Selectman Wiksten was concerned with obtaining a quorum.

Selectwoman Brunelle said she would not want to have another Special Town Meeting in April if there was one scheduled for February.

Upon motion by Selectman Eayrs and seconded by Selectman Rogers, the Board

VOTED: To set the date for a Special Town Meeting for Monday, February 24, 2002 at 7:00 PM at the Nichols Middle School.

Unanimous Vote.

The Warrant was opened and a closing date was set for December 27, 2002.

Selectwoman Brunelle asked if the Board would be interested in opening the Warrant for the Annual Town Meeting and setting a closing date for the end of March.

Jane Lopes asked if all the TIFs have been approved by the TIF Committee. Chairman Perkins said that one has, Ocean Spray, and there are a couple others being looked at.

Mr. Costello is also requesting his presently allowed actions to include limited demolition of abutting additions to the original grain mill structure.

Selectman Eayrs said he would like to know what additions Mr. Costello is referring to.

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To grant an extension to February 28, 2003 of the License and Indemnification Agreement for the Washburn Mill property to Daniel Costello, and to request demolition plans in letter form to the Board by December 30, 2002.

Unanimous Vote.

SELECTMEN’S BILLS

Upon motion by Selectman Eayrs and seconded by Selectman Wiksten, the Board

VOTED: To pay the bill submitted by Hobb’s & Warren in the amount of $55.50.

Unanimous Vote.

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To authorize payment of the bill submitted by Thevenin, O’Grady & Co., LLP in the amount of $11,000.00.

Unanimous Vote.

CORRESPONDENCE

Chairman Perkins told the Board that he had received a call from Selectmen Jim Grimes, of Carver, notifying him that they are ready for our sub-committee to meet with them. Chairman Perkins and Selectwoman Brunelle will meet on January 4, 2003 at 9:00 AM.

Upon motion by Selectwoman Brunelle and seconded by Selectman Wiksten, the Board

VOTED: To instruct Mr. Thomas to approach the Carver Board of Selectmen first.

Unanimous Vote.

Upon motion by Selectman Eayrs and seconded by Selectman Wiksten, the Board

VOTED: To authorize the Community Preservation Act Study Committee to continue to study the Act.

Unanimous Vote.

 

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To enter into Executive Session at 8:03 PM, not to return to Open Session, to discuss Litigation and Negotiations.

A poll vote was taken. Selectman Rogers, Selectman Wiksten, Selectman Eayrs, Selectwoman Brunelle and Chairman Perkins approved.

VOTE 5 – 0

 

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN